Linklaters review the 2018 decision in Marty Ltd v Hualon Corp (Malaysia) [2018] SGCA 63, where the Singapore CA held that a party who commences court proceedings in breach of an arbitration agreement would lose the right to switch back to arbitration unless it could show that the court proceedings were not inconsistent with the agreement to arbitrate and, further, that the counterparty would lose the right to insist on arbitration once it has accepted the court’s jurisdiction to decide on the merits of the dispute. … READ MORE
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